Case Details

Citation(s)
2025 SLG 1771 2025 SLD 1771
Peshawar High Court
C.R No. 839-P of 2018
FAHEEM WALI JEE
Mr. Hussain Ud Din Khan Khattak, Advocate. For respondent(s): r. Malik Muhammad Ajmal Khan, Advocate Date of hearing 21.05.2025

Taj Din

VS

Ashraf Khan

Law:

Section:

REMARKSMainly because heirship is a phenomenon which cannot be substantiated through bald assertions and had to be established through unimpeachable connection regarding proof of the lineage leaving no room for assumptions and presumptions. Since, the unbroken chain is meant for determining the actual kindred entitled in the legacy of the propositus, therefore, the same has to be gauged with extra care and abundant caution where the courts do not, generally, settle for less than requiring the best piece of evidence which has been seriously lacking in the present case. Once it has been admitted in evidence that Mst. Mahi Jan was the foster sister of other LRs of deceased Ali Baz, therefore, it was for the respondents No.1 to 3 to prove that such statement was belied by record and the statement so made claiming Mst. Mahi Jan to be the foster sister of other LRs of Ali Baz, hadbeen made due to inadvertence and in realio/ Mst. Mahi Jan was the step sister of other LRs and daughter from the first wife of Ali Baz. No plausible evidence has been produced to show any connection between…
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